Ravindra Pal Singh, Aidal Singh, General Secretary, Student Union, Govt. v. State of U. P.
2005-04-15
ARUN TANDON
body2005
DigiLaw.ai
ARUN TANDON, J. ( 1 ) LEARNED counsel for the petitioner is permitted to add a prayer in the writ petition. ( 2 ) HEARD Sri V. D. Agarwal, Advocate on behalf of the petitioner, Sri Pankaj Mithal, Advocate on behalf of the respondent Nos. 2 and 3, K. Pandey, Advocate on behalf of the respondent Nos. 2 and 3, and Learned Standing Counsel for the respondent No. 1. It is not necessary to issue notice to respondent Nos. 4 and 5, in view of the order proposed to be passed in the present writ petition. ( 3 ) THE petitioner, Ravindra Pal Singh, who claims himself to be the General Secretary of Student union, Government Post Graduate Degree College, Jalesar, Etah has filed this writ petition for the following reliefs: "i. Issue a writ of mandamus directing the respondent No. 2 not to change the centre which is mentioned in the Admit Card (Annexure. 1 to the writ petition) issued by Respondent No. 3 as well as respondent No. 2 and also permit the petitioner and other students to give the examination Conducting by the Respondent without any interruption. ii. Issue a writ of mandamus directing the respondent No. 2 to hold and conduct the examination as well as re-examination since 22. 3. 2005 till reinstate the examination Centre in the Govt. P. G. Degree College Jalesar Etah. iii. Issue a writ of mandamus directing the respondent to reinstate the examination of Centre of govt Post Degree College Jalesar Etah. iv. Issue a writ of mandamus restraining the respondent No. 2 to disturb the life of the petitioner and examination Centre also in accordance with law. v. Issue a writ of certiorari quashing the Impugned, notification No. Exam/89/2005 dated 20th march, 2005 issued by the Respondent No. 2 in respect to, change the examination centre subject to the petitioners institution namely Government Post Graduate Degree College Jalesar etah (Annexure S. A. I to the supplementary affidavit)vi. Issue a writ of mandamus commanding the respondents to conduct the examination in i pursuant to the Admission Card issued by respondents as well as the examination centre notified by the respondent No. 2 earlier to hold the examination at Government (P. G.) Degree College jalesar, Etah (Annexure 1 to the writ petition. " ( 4 ) THE writ petition was taken up as fresh matter on 6th April, 2005.
" ( 4 ) THE writ petition was taken up as fresh matter on 6th April, 2005. On the said date the learned counsel for the Dr. Bheem Rao Ambedkar University, Agra was directed to inform the Court as to under which order the examination centre of the students of the college concerned has been changed from Government Post Degree College Jalesar Etah as is mentioned in the Admit Card of the student of B. A. part-Ill. ( 5 ) LEARNED Counsel for the University has produced before this Court a copy of the notification issued by the Registrar of Dr. Bheem Rao Ambedkar University, Agra dated 20th March, 2005 being Notification No. Exam/89/2005 whereby the examination centre of students both regular as well as private appearing from Government Post Graduate Degree College Jalesar Etah, has been changed and all the students are required to appear from the centre at Pramod mahavidyalay Mehrara, Sadabad, Hathra. ( 6 ) TODAY the said order of the Registrar of the University has been challenged by the learned counsel for the petitioner by adding a prayers in the writ petition. ( 7 ) ON behalf of the petitioner it is contended that the examination centre of the students was altered on the basis of allegations of mass-copying on the basis of a report submitted by one Dr. Meena Srivastava, who is the lecturer of the institution dated 19th March, 2005. According to the petitioner the said letter was obtained by force from Dr. Meena Srivastava and therefore, there is no basis for changing the examination centre of the students of the college concerned. It is further submitted that there are eight other examination centres where mass-copying has been found by the Flying Squad of the University. Therefore, the order passed by the Registrar of the university dated 20 March, 2005 is arbitrary and discriminatory in nature. It is lastly contended on behalf of the petitioner that there are other colleges as well as the University premises where the University may get the examination of the students of the college held. Therefore it is prayed that the examination centre be altered to some other suitable place. ( 8 ) I have heard learned counsel for the parties and have gone through the records.
Therefore it is prayed that the examination centre be altered to some other suitable place. ( 8 ) I have heard learned counsel for the parties and have gone through the records. ( 9 ) FROM the records of the present writ petition it is clear that the petitioner, Sri Ravinder Pal singh not being an examinee in respect of the examination which are in process and are being conducted by Dr. Bheem Rao Ambedkar, University, Agra can have no grievance with regard to the change of examination centres of other students. ( 10 ) THE contention of the petitioner that he being General Secretary of the Students Union of the institution has a right to approach this Court by means of the present writ petition, is i totally misconceived inasmuch as it is not the duty or responsibility of the leader of the Students Unions to question the change of examination centres of students of a particular college, inasmuch as appearance of in examination is an individual right and the students union has absolutely no roll to insert on the place where the examinations are to be held by the University. ( 11 ) IN the opinion of the Court the petitioner has no locus to maintain the present writ petition for questioning the change of the examination centres of the students of the college concerned. Even otherwise from the order passed by the Registrar of the University dated 20th March, 2005 it is apparently clear that for getting free and fair examinations held, the University has changed the examination centres of the students of the college. This Court cannot loose sight of the fact that the examinations which are conducted by the University, public examination and must be held in a free and fair manner. Some difficulties may be faced by the students due to change in the examination centre but, it cannot be a ground for appreciating this Court by means of the writ petition under Article 226 of the Constitution of India. If the University for certain either reasons has not altered; the centres, wherein according to the petitioner students, were involved in mass-copying, cannot be a ground to challenge the action of the University changing the examination centre of the college in question as parity for grant of similar illegal orders, is neither contemplated by law nor is justified.
If the University for certain either reasons has not altered; the centres, wherein according to the petitioner students, were involved in mass-copying, cannot be a ground to challenge the action of the University changing the examination centre of the college in question as parity for grant of similar illegal orders, is neither contemplated by law nor is justified. ( 12 ) THIS Court under Article 226 of the Constitution of India refuses to interfere with the manner in which University deems fit to hold its examinations. The writ petition is accordingly dismissed. No order as to cost. . .